Bridgeton pioneer., 1887-05-12

up stream, and made fast to his neigh
Dor on the wharf in the usual manner.
A heavy wind was blowing during the
afternoon and evening of that day, and
extra precaution was required, and SO
far as the Davis is concerned was
claimed to have been taken. Some
time later during the night the schooner
"Dove" owned and commanded by the
defendants, is said to have come up the
river, and instead of mooring with head
up stream, went above the wharf,
veered about and made fast to the
Davis with her head down stream.
1t is stated that the Dove" ran no
cables to the wharf, as it is claimed
good and prudent seamanshiprequired
upon so temptuous night as was the
one in question, but was simply coupled
to it's neighbor, the "Davis," in the or
binary way. Along in the night the
gale increased, and it is alleged that
fastened only to the Davis" with her
head down stream, the big schooner
"Dove" impel1ed by the storm tore the
little sloop ''Davis" from its moorings,
and side by side these two vessels
drifted out into the stream and ran
into the schooner ''Tidal Wave" when
the crew of the "Dove" cut loose from
the "Davis" and the latter vessel was
driven into the fleet and was injured
to the extent of $110, for which sum, in
addition to the probable earnings she
would have made during the four
weeks she was out of repair, and placed
at $50 per week, this action is brought.
Col. Potter used chart or map in his
explanations to the Jury, and after cit
ing the law he thought applicable to
the case to the Judge, proceeded to
the introduction of the testimony.
Capt. Edmund Sites, Sr., was the
first witness sworn, and testified that
he was one of four owners of the wv.
S. Davis,n his two sons and Captain
Lore being the others. The sloop was
small one Of only ten OF twelve tons
burden. and was moored to the
Laura lie assisted Capt Lore to
moor, but was not present when the
damage was done The Dora" was
fastened to the Davis He was told
the next morning that the boats had
broken loose and went down to where
his sloop lay. He found her COM
pletely 'chewed up" not an unbroken
timber in her. He went to see Capt.
Downam, and he told witness he would
have settled the damage if it had not
been for the owners, who did not.
want to do So Witness did not think
Downam should have anchored where
he did, and in the manner he did, on
such a stormy night. Extra precau
tions were then necessary and should
have been taken.
Cross-examined by Mr.. Mitchell.
This was in January year ago, when
he laid the sloop up for the season; he
put her on floats, this time he did not.
The wind was in the Northeast, and
blowing hard, while he was fastening
her that night, and when he left her
she was all right; was not at the wharf
when the ''Dove" came up; had been
purchasing oysters of the Dove" and
that boat was in the habit of bringing
them up and delivering them at the
wharf.
In answer to question by Col. Pot
ter witness said that Capt. had gener-
ally landed oysters at an upper wharf
and not at the wharf where the Davis
was moored.
Edmund Sites, ,Jr., testified that he
owns the property where the wharf is
and has riparian grant to the same.
Other boats do not lay within one
hundred feet of the high-water mark,
or within the grant; attended to pay
ing all bills of repairs for this damage
done to the Davis and several were
produced and put in evidence. Capt.
Downam once came to witness office
and said that whatever the damage
was he would pay it; afterward when
the bills for repairs came in, wit
ness took them to him for payment,
Downam said that his partner (Ladow)
would not agree to pay anything, and
then refused to do so himself. He then
went to Downam's partner, who said
he would not pay, and Downam sub
sequently told witness that the only
way he could get anything was by go
ing ahead and bring suit, and advised
witness to do SO; said it was his fault.
The lowest amount the vessel could
have earned was $50.
oss-examined:-We lost four weeks
use of the vessel because OF this dam
age. One fourth of the expenses were
paid by Capt. Lore; the expense was
$11O.24
Capt Robert Lore: Was commander
of the "Davis" at the time this occur
ence took place, and directed the fasten-
ing of the boat that night; could not